Advanced Topics in Patent Litigation:
|
|
- Ariel Harvey
- 8 years ago
- Views:
Transcription
1 Advanced Topics in Patent Litigation: The New World Order in Patent Enforcement November 19, 2013 Robert W. Ashbrook Martin J. Black Kevin Flannery 2013 Dechert LLP
2 Martin J. Black European Patent Enforcement and the E.U. Patent Court 2 Nov. 19, 2013 Advanced Topics in Patent Litigation
3 The European Patent With Unitary Effect (UP) 3 Nov. 19, 2013 Advanced Topics in Patent Litigation
4 The Unitary Patent In A Nutshell Creation of a European patent with a unitary effect (UP) in European Union (25 EU Member States except Italy, Spain and Croatia) (EC Regulation No 1257/2012 of 17 December 2012) Current existing European Patent (EP) and national patent systems remain Creation of a Unified Patent Court (UPC) with seat in Paris having exclusive jurisdiction over validity and infringement of UPs and EPs under specific conditions (Agreement on UPC of 19 February 2013) Entry into force in early Nov. 19, 2013 Advanced Topics in Patent Litigation
5 What is a UP? A UP is an EP granted by the European Patent Office under the European Patent Convention which: Within one month after its grant Upon the request of the EP owner Is given a unitary effect In 25 EU Member States (except Italy, Spain and Croatia) A UP is an option available to the EP owner and obtained after the grant of the EP 5 Nov. 19, 2013 Advanced Topics in Patent Litigation
6 Conditions UP status may be requested for an EP granted on: Patent applications pending before the EPO on the date the system comes into force EP patents previously registered with the EPO for unitary effect provided that the EP was granted: With the same set of claims In all 25 Member State Advice: New EP applications to be filed or pending should designate the 25 Member States to have the option for transformation into UP in Nov. 19, 2013 Advanced Topics in Patent Litigation
7 Costs? Annual Fees? Single annual fee (50% for the EPO and 50% to be shared by the 25 Member States) Amount not determined yet: discussions still ongoing Low enough to be attractive High enough to ensure financing of the EPO and national offices 7 Nov. 19, 2013 Advanced Topics in Patent Litigation
8 The Unified Patent Court (UPC) 8 Nov. 19, 2013 Advanced Topics in Patent Litigation
9 The Structure of the UPC Seat: Paris 3 Central Divisions Paris (Section B: Performing Operations, Transporting; Section D: Textiles and Paper; Section E: Fixed Constructions; Section G: Physics; Section H: Electricity) London (Section A: Human Necessities; Section C: Chemistry, Metallurgy) Munich (Section F: Mechanical Engineering, Lighting, Heating, Weapons, Blasting) Local Division in each Member State (additional Local Division possible upon request for every 100 patent cases a year. No more than 4 per Member State) Regional Division for 2 or more Member States which do not set up a Local Division Court of Appeal: Luxembourg (facts and law) 9 Nov. 19, 2013 Advanced Topics in Patent Litigation
10 Jurisdiction Over UPs and EPs (transitional period for 7 years: EP owners can opt out, so national courts remain competent, but opt-out may be revoked at any time) Infringement Local Division where infringement took place (choice when several locations) Local Division of domicile of defendant (choice when several defendants) For non EU defendants: Central Division Choice of the parties 10 Nov. 19, 2013 Advanced Topics in Patent Litigation
11 Jurisdiction Revocation As main action: Central Division As a counterclaim: Local Division hears both infringement and revocation Local Division refers the case to the Central Division - Proceeds with both infringement and revocation - Stays the infringement case until outcome on revocation 11 Nov. 19, 2013 Advanced Topics in Patent Litigation
12 Language of the Proceedings Before the Local divisions: national language or any EPO language (French, English or German) Before the Central Division: language of the patent Before the Court of Appeal: Language of 1st instance Language of the patent, upon parties agreement Language chosen by the Court and approved by the parties 12 Nov. 19, 2013 Advanced Topics in Patent Litigation
13 Territorial Effect of the UPC Decisions For Ups In all the UP Member States For EPs In each country where the EP is in force 13 Nov. 19, 2013 Advanced Topics in Patent Litigation
14 Robert W. Ashbrook Inter Partes Review: Lessons from Garmin v. Cuozzo 14 Nov. 19, 2013 Advanced Topics in Patent Litigation
15 What Is Inter Partes Review Post-issue administrative procedure to challenge validity, inspired by European opposition practice Adversary procedure as part of the AIA Issues are limited Only anticipation and obviousness challenges based on patents and printed publications Only issues that were both raised in the challenger s initial application and initially granted by the PTAB 15 Nov. 19, 2013 Advanced Topics in Patent Litigation
16 What Is Inter Partes Review Claim construction preliminarily decided as part of any decision instituting the IPR Very limited discovery by agreement or motion Trial by a Patent Trial and Appeal Board panel Trial is conducted primarily on the papers Oral hearing permits attorney argument and questions First judgment in an IPR on November 13, 2013 Garmin Int l v. Cuozzo Speed Techs., IPR Nov. 19, 2013 Advanced Topics in Patent Litigation
17 Inter Partes Review Timeline 17 Nov. 19, 2013 Advanced Topics in Patent Litigation
18 Strategic Advantages for Defendants IPR resolves validity before infringement About 2/3 of infringement litigation is stayed pending IPR But continuation applications continue in prosecution Relatively quick Concludes within one year after institution Initial patent owner response due in 21 days Substantively easier to invalidate a patent Preponderance standard, not clear and convincing Broadest reasonable claim scope 18 Nov. 19, 2013 Advanced Topics in Patent Litigation
19 Strategic Advantages for Defendants Less costly than litigation But requester incurs most costs up front USPTO fee is $23,000 if instituted No jury confusion PTAB judges have technical backgrounds If instituted, the result is appealable 19 Nov. 19, 2013 Advanced Topics in Patent Litigation
20 Strategic Advantages for Plaintiffs Ability to amend during IPR One time as of right Amendment scope is restricted; burden on patent owner Estoppel for cancellation Requester Estoppel Any issue that reasonably could have been raised Applies to district court, ITC, or other PTO procedures Real parties in interest and privities are also estopped Effect on third parties 20 Nov. 19, 2013 Advanced Topics in Patent Litigation
21 Additional Considerations Institution Eligibility to request IPR Timing: at least 9 months since issue Timing: within 1 year after patentee s infringement suit Requester: cannot have sued for a declaratory judgment of invalidity (unless a counterclaim) Standard for granting is a reasonable likelihood of prevailing Loser may request rehearing but may not appeal Effect of previously cited art Requester must include all possible issues up front Possible to file multiple petitions, then seek joinder 21 Nov. 19, 2013 Advanced Topics in Patent Litigation
22 Additional Considerations Process Should the patentee oppose institution? No evidence permitted; tips the patentee s hand Default or negotiated protective order Unless information used in the PTAB decision Choice of expert for litigation versus for IPR Consider future non-infringement position Motions to exclude evidence All motions require PTAB authorization to file, usually via conference call with all parties Observations upon cross examination 22 Nov. 19, 2013 Advanced Topics in Patent Litigation
23 Additional Considerations Discovery Mandatory initial disclosures Documents: art and exhibits cited Depositions: cross of affiants (e.g., experts) Inconsistent evidence Objective evidence of non-obviousness Third party discovery by motion only 23 Nov. 19, 2013 Advanced Topics in Patent Litigation
24 Additional Considerations Resolution Estoppel Petitioner, real parties in interest, privities Patent owner In the USPTO, district court, ITC Intervening rights Settlement is possible No estoppel Amendment can be a term of settlement PTAB must accept the terms and approve confidentiality Interthinx v. Corelogic: PTAB accepts settlement for petitioner but continues inter partes review anyway 24 Nov. 19, 2013 Advanced Topics in Patent Litigation
25 Additional Considerations Related Proceedings Parallel IPRs by different requesters Parallel litigation and ITC 337 investigations Effect of claim construction Effect of judgments; Fresenius and Versata Post-grant review Covered business method patent review Continuations still in prosecution Foreign oppositions and counterpart applications 25 Nov. 19, 2013 Advanced Topics in Patent Litigation
26 IPR Experience since Sept. 16, 2012 Extremely popular Over 500 petitions so far Busier forum than any court, including the E.D. Texas. PTAB usually grants IPR petitions ~ 88% of petitions result in institution of an IPR But half of grounds are denied as weak or cumulative Results First covered business method decision August 16, 2013 Held invalid (non-patentable subject matter) 26 Nov. 19, 2013 Advanced Topics in Patent Litigation
27 First IPR Judgment: Garmin v. Cuozzo, No. IPR Dashboard speed limit alert device with GPS Jun. 15, 2012: Cuozzo sues Garmin and others for infringement Sep. 16, 2012: Garmin petitions for IPR 20 claims alleged to be unpatentable on 8 different grounds Jan. 9, 2013: PTAB institutes IPR Trial limited to 3 claims and 2 grounds of obviousness Partial stay in court; Markman postponed until after IPR Mar. 11, 2013: Cuozzo moves to amend the 3 claims Aug. 16, 2013: Oral hearing Nov. 13, 2013: IPR final judgment 27 Nov. 19, 2013 Advanced Topics in Patent Litigation
28 First IPR Judgment: Garmin v. Cuozzo, No. IPR PTAB affirms its initial claim construction from Jan. 9, 2013 Patent owner s attempt to swear behind the prior art is not proved 3 issued claims are held obvious The initial finding of a reasonable likelihood of prevailing was correct Patent owner s motion to amend is denied Amendment would enlarge the original claims scope Motion to exclude evidence is denied as moot 28 Nov. 19, 2013 Advanced Topics in Patent Litigation
29 First IPR Judgment: Garmin v. Cuozzo, No. IPR Patent owner can request a rehearing Patent owner can appeal to the Federal Circuit Patent owner estoppel in the PTO, 37 CFR 42.73(d) Continuation applications, reissues, subsequent IPRs, etc. 3 claims are dead District court will presumably grant summary judgments 17 claims remain, including 10 asserted in court Prosecution history estoppel against Cuozzo? Collateral estoppel against Cuozzo? 29 Nov. 19, 2013 Advanced Topics in Patent Litigation
30 First IPR Judgment: Garmin v. Cuozzo, No. IPR Petitioner estoppel is moot unless reversal Real party in interest or privy; touchstone is control Would not apply to others sued by Cuozzo Would apply in the PTO, Court, ITC Amendment would trigger intervening rights Petitioner not estopped from asserting invalidity of the remaining 17 claims Garmin can assert the 6 grounds not instituted No collateral estoppel apply, but persuasive effect? 30 Nov. 19, 2013 Advanced Topics in Patent Litigation
31 Kevin Flannery Patent Reform 31 Nov. 19, 2013 Advanced Topics in Patent Litigation
32 Do We Need Another Round Of Patent Reform? America Invents Act was passed in 2011 as the most significant change in patent laws since 1952 First to invent & Post-grant Inter Partes Review AIA passed after more than a decade of stopstarts to harmonize US and European laws Attempts to specifically legislate patent litigation (e.g., damages) failed Recent groundswell of legislative activity to curb abusive patent litigation tactics 32 Nov. 19, 2013 Advanced Topics in Patent Litigation
33 Rep. Goodlatte s Innovation Act Heightened Pleading Requirements Fee Shifting To Prevailing Party Limited Discovery Until Claim Construction Bill Has Bipartisan Support With Early Traction, But Opposition Has Been Rising CAFC Chief Judge Rader the judiciary has the tools to restore confidence in the patent system 33 Nov. 19, 2013 Advanced Topics in Patent Litigation
34 Heightened Pleading Requirements Patentee must include in initial pleading (e.g., Complaint) Asserted claims Identification of each accused product Map claims to accused products with detailed specificity Details to support indirect infringement allegations Description of principal business Standard essential patent? 34 Nov. 19, 2013 Advanced Topics in Patent Litigation
35 Fee Shifting To The Prevailing Party Court shall award, to a prevailing party, reasonable fees Unless position was substantially justified or that special circumstances make an award unjust Patentee that tries to bail out by offering covenant not to sue shall be deemed a nonprevailing party Compared with standard for awarding fees against the U.S. under the Equal Access to Justice Act Applies only to complaints filed after enactment 35 Nov. 19, 2013 Advanced Topics in Patent Litigation
36 Limits On Discovery Until The Completion Of Claim Construction Discovery shall be limited to information necessary to determine the meaning of the claims If the Court determines that claim construction is necessary Safety valve if resolution within a specified period of time will necessarily affect the rights of the patentee (Hatch-Waxman Act identified) 36 Nov. 19, 2013 Advanced Topics in Patent Litigation
37 Will Further Patent Reform Legislation Have Unintended Consequences? Do heightened pleading requirements simply accelerate current routine practice? District of Delaware: identification of asserted claims 30 days after scheduling conference and claim charts 60 days later Trial court s more likely to grant a motion to dismiss? 37 Nov. 19, 2013 Advanced Topics in Patent Litigation
38 Will Further Patent Reform Legislation Have Unintended Consequences? Should you have to pay your competitor s legal fees? Will competitor and university cases be presumptively substantially justified? Is the patent context comparable to the determination of whether fees should be awarded against the government under the EAJA? If initial discovery is limited to Markman, will cases take even longer to get to trial? Aren t we trying to relieve docket congestion? 38 Nov. 19, 2013 Advanced Topics in Patent Litigation
39 Dechert LLP Definitive advice Practical guidance Powerful advocacy dechert.com Almaty Austin Beijing Boston Brussels Charlotte Chicago Dubai Dublin Frankfurt Hartford Hong Kong London Los Angeles Luxembourg Moscow Munich New York Orange County Paris Philadelphia Princeton San Francisco Silicon Valley Tbilisi Washington, D.C. Dechert practices as a limited liability partnership or limited liability company other than in Almaty, Dublin, Hong Kong, Luxembourg and Tbilisi. 39 Nov. 19, 2013 Advanced Topics in Patent Litigation
Challenging Patent Validity in the USPTO: Strategic Considerations in View of the USPTO s Final Rules. Inter Partes Review
Challenging Patent Validity in the USPTO: Strategic Considerations in View of the USPTO s Final Rules Inter Partes Review Presented By: Karl Renner Dorothy Whelan Co-Chairs of Post Grant Practice, Fish
More informationBest Corporate Practices in Patent Litigation Defense and Offense
Best Corporate Practices in Patent Litigation Defense and Offense Ending Defensive Litigation Quickly and Cheaply and Maximizing Patent Value Joseph J. Berghammer Binal J. Patel MARCH 2015 Joe Berghammer
More informationPatent Litigation Strategy: The Impact of the America Invents Act and the New Post-grant Patent Procedures
Patent Litigation Strategy: The Impact of the America Invents Act and the New Post-grant Patent Procedures Eric S. Walters and Colette R. Verkuil, Morrison & Foerster LLP This Article discusses litigation
More informationPatents in Europe 2013/2014
In association with Unitary patent and Unified Patent Court: the proposed framework Rainer K Kuhnen Patents in Europe 2013/2014 Helping business compete in the global economy Unitary patent and Unified
More informationCybersecurity: What In-House Counsel Needs to Know
Cybersecurity: What In-House Counsel Needs to Know November 19, 2013 Vivian A. Maese vivian.maese@dechert.com 2013 Dechert LLP So what does all of the legal activity in cybersecurity mean to you? The top
More informationLegal FAQ: Introduction to Patent Litigation
Legal FAQ: Introduction to Patent Litigation by charlene m. morrow and dargaye churnet 1. Who enforces a patent? The U.S. Patent and Trademark Office grants a patent. Contrary to popular belief, a patent
More informationIn re Cuozzo Speed Technologies: Federal Circuit Decides Appeal Jurisdiction and Standard of Review Issues for AIA Reviews
CLIENT MEMORANDUM In re Cuozzo Speed Technologies: Federal Circuit Decides Appeal Jurisdiction and Standard of Review February 5, 2015 AUTHORS Michael W. Johnson Tara L. Thieme THE FEDERAL CIRCUIT HOLDS
More informationAn Enhanced European Patent System
An Enhanced European Patent System The Select Committee The Preparatory Committee An Enhanced European Patent System In December 2012 the Council of the European Union and the European Parliament agreed
More informationYearbook. Building IP value in the 21st century. Beyond the unitary patent: nothing new under the sun?
Beyond the unitary patent: nothing new under the sun? Anna Barlocci and Mathieu de Rooij, ZBM Patents & Trademarks Yearbook 2015 Building IP value in the 21st century 12 13 14 ZBM Patents & Trademarks
More informationInter Partes Review: Claim amendments at the Patent Trial and Appeal Board. October 8, 2015
Inter Partes Review: Claim amendments at the Patent Trial and Appeal Board October 8, 2015 Today s presenters Mike Stimson Norton Rose Fulbright San Antonio, Texas Brandy Nolan Norton Rose Fulbright Dallas,
More informationOne Hundred Twelfth Congress of the United States of America
H. R. 1249 One Hundred Twelfth Congress of the United States of America AT THE FIRST SESSION Begun and held at the City of Washington on Wednesday, the fifth day of January, two thousand and eleven An
More informationDraft Report of the Dispute Settlement Subcommittee, Intellectual Property Policy Committee, Industrial Structure Council
Draft Report of the Dispute Settlement Subcommittee, Intellectual Property Policy Committee, Industrial Structure Council October 2002 Table of Contents Chapter 1 Overview and Problems of Legal Systems
More informationUNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION E-WATCH, INC., Plaintiff, v. CIVIL ACTION H-12-3314 LOREX CANADA, INC., Defendant. MEMORANDUM OPINION & ORDER Pending before the
More informationPatent Litigation in Europe - Presence and Future
Patent Litigation in Europe - Presence and Future Innovation Support Training Program (ISTP) Module 2 / November 27, 2006 Christian W. Appelt German and European Patent and Trademark Attorney Patent Litigation
More informationU.S. Litigation (Strategic Preparations and Statistics)
U.S. Litigation (Strategic Preparations and Statistics) Thomas K. Scherer Federal and State Court, ITC actions Considerations of speed and remedies involved Eastern District of Texas Considerations of
More informationSettlement Traps for the Unwary
Settlement Traps for the Unwary Orange County Bar Association Intellectual Property/Technology Law August 21, 2006 Steve Comer Jae Hong Lee, MD, MPH 2005 Morrison & Foerster LLP All Rights Reserved 3 Cases
More informationPatents in Europe 2015/2016
In association with The proposed structure of the Unified Patent Court system in Europe Rainer K Kuhnen, KUHNEN & WACKER Intellectual Property Law Firm Patents in Europe 2015/2016 Helping business compete
More informationPatent Litigation in Germany An Introduction (I)
Patent Litigation in Germany An Introduction (I) By Prof. Dr. Heinz Goddar, Dr. jur. Carl-Richard Haarmann Prof. Dr. Heinz Goddar Senior Partner, Boehmert & Boehmert, Munich, and Honorary Professor for
More informationCase 6:12-cv-00855-RWS Document 460-6 Filed 03/04/16 Page 1 of 14 PageID #: 33934. Exhibit G
Case 6:12-cv-00855-RWS Document 460-6 Filed 03/04/16 Page 1 of 14 PageID #: 33934 Exhibit G Case 6:12-cv-00855-RWS Document 460-6 Filed 03/04/16 Page 2 of 14 PageID #: 33935 Paper No. 7 UNITED STATES PATENT
More informationPresent Situation of IP Disputes in Japan
Present Situation of IP Disputes in Japan Feb 19, 2014 Chief Judge Toshiaki Iimura 1 1 IP High Court established -Apr.1.2005- l Appeal cases related to patent rights etc. from district courts nationwide
More informationDEFINITIVE ADVICE PRACTICAL GUIDANCE POWERFUL ADVOCACY LLP
European Funds Practice DEFINITIVE ADVICE PRACTICAL GUIDANCE POWERFUL ADVOCACY LLP European Funds Practice Dechert s international Financial Services Practice features an industry-leading group of experienced
More informationStrategies for Worldwide Patent Litigation. Moderator: John R. Thomas Panelists: Trevor M. Cook, Jamison E. Lynch, Mark D. Selwyn
Strategies for Worldwide Patent Litigation Moderator: John R. Thomas Panelists: Trevor M. Cook, Jamison E. Lynch, Mark D. Selwyn Global IP Litigation Strategy: Why Is It Important? Trend toward globalization
More informationNOTICE OF PROPOSED CLASS ACTION SETTLEMENT
NOTICE OF PROPOSED CLASS ACTION SETTLEMENT Hoover v. Hi Tech Pharmacal Co., Inc. Case No. EDCV 13 00097 JGB (OPx) If you purchased a product manufactured by Hi Tech Pharmacal Co., Inc., called Nasal Ease
More informationTrials@uspto.gov Paper 23 Tel: 571-272-7822 Entered: June 18, 2015 UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD
Trials@uspto.gov Paper 23 Tel: 571-272-7822 Entered: June 18, 2015 UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD SMART MODULAR TECHNOLOGIES INC., Petitioner, v. NETLIST,
More informationTrends in Global Patent Litigation
Trends in Global Patent Litigation Increasing Number of Patent Suits in the U.S. and China China leads Asia and (soon) the rest of the world Global Trend Toward Specialized Patent Courts Recent developments
More informationThe trademark lawyer as brand manager
The trademark lawyer as brand manager This text first appeared in the IAM magazine supplement Brands in the Boardroom 2005 May 2005 For further information please visit www.iam-magazine.com Feature The
More informationSTATE OF ILLINOIS HUMAN RIGHTS COMMISSION
This Recommended Order and Decision became the Order and Decision of the Illinois Human Rights Commission on 4/30/02. STATE OF ILLINOIS HUMAN RIGHTS COMMISSION IN THE MATTER OF: ) ) I. M. HOFMANN, ) )
More informationPatent Reform: What MedTech Companies Need to Know
GREENBERG TRAURIG, LLP ATTORNEYS AT LAW WWW.GTLAW.COM Patent Reform: What MedTech Companies Need to Know David J. Dykeman, Esq. Patent Attorney & Shareholder Greenberg Traurig, LLP Boston, MA (617) 310-6009
More informationAutomatic Stay of Litigation Pending Inter Partes Review?: A Simple Proposal for Solving the Patent Troll Riddle
Automatic Stay of Litigation Pending Inter Partes Review?: A Simple Proposal for Solving the Patent Troll Riddle A Simple Proposal for Solving the Patent Troll Riddle By Eric W. Schweibenz, Robert C. Mattson,
More informationCase 2:14-cv-01214-DGC Document 38 Filed 08/25/14 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA
Case :-cv-0-dgc Document Filed 0// Page of 0 WO Wintrode Enterprises Incorporated, v. PSTL LLC, et al., IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Plaintiff, Defendants. No. CV--0-PHX-DGC
More informationTrials@uspto.gov Paper 28 UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD. WESTLAKE SERVICES, LLC, Petitioner,
Trials@uspto.gov Paper 28 Tel: 571-272-7822 Entered: May 14, 2015 UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD WESTLAKE SERVICES, LLC, Petitioner, v. CREDIT ACCEPTANCE
More informationIntellectual Property Office is an operating name of the Patent Office
Technical Review and Call for Evidence on Secondary Legislation Implementing the Agreement on a Unified Patent Court and EU Regulations Establishing the Unitary Patent Intellectual Property Office is an
More informationTrials@uspto.gov Paper 32 571-272-7822 Date: March 8, 2013 UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD
Trials@uspto.gov Paper 32 571-272-7822 Date: March 8, 2013 UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD MICROSOFT CORPORATION Petitioner v. PROXYCONN, INC. Patent
More informationPTAB Rearranging the Face of Patent Litigation
PTAB Rearranging the Face of Patent Litigation By Thomas King 1 and Jeffrey Wolfson 2 It has been over a year since the Patent Trial and Appeal Board (PTAB) began directly accepting petitions from third
More informationIllinois Official Reports
Illinois Official Reports Appellate Court Certain Underwriters at Lloyd s London v. The Burlington Insurance Co., 2015 IL App (1st) 141408 Appellate Court Caption CERTAIN UNDERWRITERS AT LLOYD S LONDON,
More informationStrengthening (or Weakening) Patent Protection in the United States
Strengthening (or Weakening) Patent Protection in the United States Licensing Association (Thailand) Patent Strategies for Licensing October 14, 2014 Paul T. Meiklejohn Dorsey & Whitney LLP 1 2 Techniques
More informationPATENT LITIGATION EUROPE. John J. Allen Professor Charles Gielen Benoit Strowel. Silicon Valley, Orange County, Los Angeles February 2006
PATENT LITIGATION EUROPE John J. Allen Professor Charles Gielen Benoit Strowel Silicon Valley, Orange County, Los Angeles February 2006 The problem with European Patent Law 4 Multiple patents 4 Multiple
More informationFEE SHIFTING IN PATENT LITIGATION
FEE SHIFTING IN PATENT LITIGATION Sughrue Mion, PLLC Abraham J. Rosner May 2014 I. BACKGROUND In the U.S., each party to litigation ordinarily pays its own attorney fees regardless of the outcome (called
More informationHow To Allow Sports Wagering In New Jersey
November 2014 This article originally appeared in World Sports Law Report Volume 12 Issue 11, November 2014. Betting: New Jersey s Attempts to Allow Sports Betting By Linda J. Shorey, Anthony R. Holtzman
More informationThe Appellate Mandate: What It Is and Why It Matters By Jennifer L. Swize
ARTICLES The Appellate Mandate: What It Is and Why It Matters By Jennifer L. Swize Just the other day, a trial team handling post-appeal matters on remand wanted to know the significance of the mandate
More informationALI-ABA Topical Courses False Patent Marking: Crafting Your Defense As the Law Evolves October 27, 2010 Telephone Seminar/Audio Webcast
1 ALI-ABA Topical Courses False Patent Marking: Crafting Your Defense As the Law Evolves October 27, 2010 Telephone Seminar/Audio Webcast Select 2010 N.D. Illinois False Patent Marking Opinions and Orders
More informationUNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS
UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS ) MASSACHUSETTS INSTITUTE OF ) TECHNOLOGY, ) ) Plaintiff, ) ) Civil Action No. v. ) 15-10374-FDS ) MICRON TECHNOLOGY, INC.; ) APPLE, INC.; ELPIDA
More informationCase 2:09-cv-07349-AJM-KWR Document 19 Filed 02/10/10 Page 1 of 7 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA
Case 2:09-cv-07349-AJM-KWR Document 19 Filed 02/10/10 Page 1 of 7 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA FIRST FINANCIAL INSURANCE COMPANY * CIVIL ACTION VERSUS * NO: 09-7349 JOSE ARRIAGA
More informationCase 1:11-md-02290-RGS Document 396 Filed 12/06/13 Page 1 of 10 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS ) ) ) ) ) )
Case 1:11-md-02290-RGS Document 396 Filed 12/06/13 Page 1 of 10 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS IN RE JPMORGAN CHASE MORTGAGE MODIFICATION LITIGATION THIS DOCUMENT RELATES TO: All
More informationCIVIL TRIAL RULES. of the COURTS OF ORANGE COUNTY, TEXAS. Table of Contents GENERAL MATTERS. Rule 1.10 Time Standards for the Disposition of Cases...
CIVIL TRIAL RULES of the COURTS OF ORANGE COUNTY, TEXAS Table of Contents GENERAL MATTERS Addendum to Local Rules Rule 1.10 Time Standards for the Disposition of Cases...2 Rule 1.11 Annual Calendar...3
More informationCASE 0:05-cv-01578-JMR-JJG Document 59 Filed 09/18/06 Page 1 of 7 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA 05-CV-1578(JMR/JJG)
CASE 0:05-cv-01578-JMR-JJG Document 59 Filed 09/18/06 Page 1 of 7 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA 05-CV-1578(JMR/JJG) State of Minnesota ) ) v. ) ORDER ) Robert B. Beale, Rebecca S.
More informationIN THE SUPREME COURT OF THE STATE OF DELAWARE
IN THE SUPREME COURT OF THE STATE OF DELAWARE JAMES L. MARTIN, Plaintiff Below- Appellant, v. NATIONAL GENERAL ASSURANCE COMPANY, Defendant Below- Appellee. No. 590, 2013 Court Below Superior Court of
More informationSOFTWARE DEVELOPMENT IN RUSSIA: KEY LEGAL ISSUES
SOFTWARE DEVELOPMENT IN RUSSIA: KEY LEGAL ISSUES presenters Brian Zimbler Anastasia Dergacheva May 31, 2016 2016 Morgan, Lewis & Bockius LLP Summary Commercial Background Employment Law Intellectual Property
More informationGOVERNMENT PROSECUTIONS AND QUI TAM ACTIONS
GOVERNMENT PROSECUTIONS AND QUI TAM ACTIONS DISTRICT OF COLUMBIA OFFICIAL CODE DIVISION I. GOVERNMENT OF DISTRICT. TITLE 2. GOVERNMENT ADMINISTRATION. CHAPTER 3B. OTHER PROCUREMENT MATTERS. SUBCHAPTER
More informationCOMMENTARY. Amending Patent Claims in Inter Partes Review Proceedings
SEPTEMBER 2015 COMMENTARY Amending Patent Claims in Inter Partes Review Proceedings The inter partes review ( IPR ) statute authorizes a patent owner ( PO ) to file, after an IPR has been instituted, one
More informationASSEMBLY BILL No. 597
AMENDED IN ASSEMBLY APRIL 14, 2015 california legislature 2015 16 regular session ASSEMBLY BILL No. 597 Introduced by Assembly Member Cooley February 24, 2015 An act to amend Sections 36 and 877 of, and
More informationPatent Litigation. for High Technology and Life Sciences Companies
Patent Litigation for High Technology and Life Sciences Companies About the Firm Fenwick & West LLP provides comprehensive legal services to high technology and biotechnology clients of national and international
More informationASSEMBLY BILL No. 597
california legislature 2015 16 regular session ASSEMBLY BILL No. 597 Introduced by Assembly Member Cooley February 24, 2015 An act to amend Sections 36 and 877 of, and to add Chapter 6 (commencing with
More informationExecutive summary and overview of the national report for Denmark
Executive summary and overview of the national report for Denmark Section I Summary of findings There is no special legislation concerning damages for breach of EC or national competition law in Denmark,
More informationIN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE : AL JAZEERA AMERICA, LLC, : : Plaintiff, : : v. : C.A. No. 8823-VCG : AT&T SERVICES, INC., : : Defendant. : : MOTION TO STAY OCTOBER 14, 2013 LETTER OPINION
More informationIP Litigation in Europe and in Germany
& P A R T N E R P A T E N T A T T O R N E Y S D Ü S S E L D O R F M U N I C H IP Litigation in Europe and in Germany Dr. Dirk Schulz Outline - Patent litigation in Europe - German patent litigation system
More informationGeorge Mason University School of Law PATENT LITIGATION AND DISPUTE RESOLUTION. Spring 2013. Tuesdays 8:00-9:50 P.M. Classroom 329 SYLLABUS
George Mason University School of Law PATENT LITIGATION AND DISPUTE RESOLUTION Spring 2013 Tuesdays 8:00-9:50 P.M. Classroom 329 SYLLABUS INSTRUCTORS Rob Shaffer Finnegan, Henderson, Farabow, Garrett &
More informationPatent Litigation. Quick Guide to Proceedings in Germany HEUKING KÜHN LÜER WOJTEK
Patent Litigation Quick Guide to Proceedings in Germany HEUKING KÜHN LÜER WOJTEK Table of Contents I. Advantages of litigating in Germany 3 II. Patent Litigation System 4 III. Infringement and Nullity
More informationAdditional Requirements for Lenders and Mortgage Servicers
ALERT Financial Services Litigation July 2013 Florida s New Fast Track Foreclosure Law Creates Additional Requirements for Lenders and Mortgage Servicers According to the Florida House of Representatives,
More informationNotice of Class Action Lawsuit and Proposed Settlement. You May be Entitled to Receive a Settlement Payment.
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF NORTH CAROLINA Notice of Class Action Lawsuit and Proposed Settlement. You May be Entitled to Receive a Settlement Payment. A federal court authorized this
More informationUNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL
Priority Send Enter Closed JS-5/JS-6 Scan Only TITLE: Credit Acceptance Corp. v. Westlake Services, LLC, et al. ======================================================================== PRESENT: THE HONORABLE
More informationIN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY DEFENDANT S ANSWER
Case 1:14-cv-05919-JEI-KMW Document 19 Filed 02/13/15 Page 1 of 11 PageID: 84 Frank L. Corrado, Esquire Attorney ID No. 022221983 BARRY, CORRADO & GRASSI, PC 2700 Pacific Avenue Wildwood, NJ 08260 (609)
More informationUNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
BLACK & HAMILL LLP Bradford J. Black (SBN 1) bblack@bchllp.com Andrew G. Hamill (SBN 1) ahamill@bchllp.com Embarcadero Street, Suite 00 San Francisco, California 1 Telephone: --0 Facsimile: -- DESMARAIS
More informationControlling costs in patent litigation Received (in revised form): 12 th April 2010
Intellectual Property Management Controlling costs in patent litigation Received (in revised form): 12 th April 2010 Catherine Rajwani is an intellectual property lawyer and a registered patent attorney.
More information2015 IL App (5th) 140554-U NO. 5-14-0554 IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT
NOTICE Decision filed 08/13/15. The text of this decision may be changed or corrected prior to the filing of a Petition for Rehearing or the disposition of the same. 2015 IL App (5th 140554-U NO. 5-14-0554
More informationUNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT. The memorandum disposition filed on May 19, 2016, is hereby amended.
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT FILED JUN 30 2016 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS THE TRAVELERS INDEMNITY COMPANY, a Connecticut corporation, v. Plaintiff - Appellant,
More informationIN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT
Filed 2/11/15 Estate of Thomson CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified
More informationJUDGMENT ON THE SPANISH TAX LEASE SYSTEM
JUDGMENT ON THE SPANISH TAX LEASE SYSTEM CASE T-719/13 PYMAR / COMMISSION Contents 1. Background 2. Judgment of the GCEU of 17 December 2015 in Case T- 719/13, PYMAR / Commission 3. Effects of the Judgment
More informationThe Foundation of the International Association of Defense Counsel SURVEY OF INTERNATIONAL LITIGATION PROCEDURES: A REFERENCE GUIDE
Responses submitted by: Name: Roddy Bourke Law Firm/Company: McCann FitzGerald Location: Dublin, Ireland 1. Would your jurisdiction be described as a common law or civil code jurisdiction? The Republic
More informationFEDERAL CIRCUIT HOLDS THAT HEIGHTENED PLEADING REQUIREMENTS APPLY TO FALSE MARKING ACTIONS
CLIENT MEMORANDUM FEDERAL CIRCUIT HOLDS THAT HEIGHTENED PLEADING REQUIREMENTS APPLY TO FALSE MARKING ACTIONS In a decision that will likely reduce the number of false marking cases, the Federal Circuit
More informationDefensive Strategies in False Marking Suits After Stauffer and Pequignot
Defensive Strategies in False Marking Suits After Stauffer and Pequignot Contributed by Angie M. Hankins, Stroock & Stroock & Lavan LLP Many companies inadvertently mark their products with expired patents.
More informationCase 1:14-cv-05919-JEI-KMW Document 43 Filed 05/20/15 Page 1 of 2 PageID: 254
Case 1:14-cv-05919-JEI-KMW Document 43 Filed 05/20/15 Page 1 of 2 PageID: 254 LAWRENCE C. HERSH Attorney at Law 17 Sylvan Street, Suite 102B Rutherford, New Jersey 07070 (201) 507-6300 AUSTIN HANSLEY Austin
More informationPlan Sponsor Basics Webinar Series Issues for 401(k) Plan Sponsors with Employer Stock Investment Funds
Plan Sponsor Basics Webinar Series Issues for 401(k) Plan Sponsors with Employer Stock Investment Funds Webinar 5 of 5 November 4, 2014 www.morganlewis.com Presenters: Lisa H. Barton Jeremy P. Blumenfeld
More informationChina Publishes Draft Rules on Protection of Information Network Dissemination Rights
China Publishes Draft Rules on Protection of Information Network Dissemination Rights 1 China Publishes Draft Rules on Protection of Information Network Dissemination Rights On 22 April, 2012, the Supreme
More informationDear Lead Judge Mitchell:
VIA EMAIL: trialrules2015@uspto.gov Hon. Susan Mitchell Lead Judge, Patent Trial Proposed Rules Mail Stop Patent Board Director of the United States Patent and Trademark Office P.O. Box 1450 Alexandria,
More informationPARRY G. CAMERON, Senior Attorney
Phone: 310.557.2009 Fax: 310.551.0283 Email: pcameron@tocounsel.com Parry Cameron has over twenty-three years experience in commercial and business litigation at both the trial and appellate levels. He
More informationTO: ALL PERSONS AND BUSINESSES WITH A VERIZON.NET EMAIL ADDRESS
TO: ALL PERSONS AND BUSINESSES WITH A VERIZON.NET EMAIL ADDRESS This Notice Is Given To Inform You Of The Proposed Settlement Of A Class Action. If The Settlement Is Approved By The Court, Certain Benefits
More informationHP0868, LD 1187, item 1, 123rd Maine State Legislature An Act To Recoup Health Care Funds through the Maine False Claims Act
PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney. Be it enacted by the People of the
More informationTEXAS RULES OF CIVIL PROCEDURE
TEXAS RULES OF CIVIL PROCEDURE PART V - RULES OF PRACTICE IN JUSTICE COURTS Adopted by the Supreme Court of Texas Justice Court, Pct 1 1 of 24 TABLE OF CONTENTS SECTION 1. GENERAL... 6 RULE 523. DISTRICT
More informationPersonal Injury Litigation
Personal Injury Litigation The Anatomy of a New York Personal Injury Lawsuit An ebook by Stuart DiMartini, Esq. 1325 Sixth Avenue, 27 th Floor New York, NY 10019 212-5181532 dimartinilaw.com Introduction
More information8:11-mn-02000-JMC Date Filed 04/22/15 Entry Number 150 Page 1 of 8
8:11-mn-02000-JMC Date Filed 04/22/15 Entry Number 150 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA GREENWOOD DIVISION In re: Building Materials Corporation of America
More informationH. R. 3309 AN ACT. Be it enacted by the Senate and House of Representa- tives of the United States of America in Congress assembled,
TH CONGRESS 1ST SESSION H. R. 0 AN ACT To amend title, United States Code, and the Leahy- Smith America Invents Act to make improvements and technical corrections, and for other purposes. 1 Be it enacted
More informationI N T H E COURT OF APPEALS OF INDIANA
MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res
More informationAGENCY: United States Patent and Trademark Office, Commerce. SUMMARY: The Leahy-Smith America Invents Act (AIA) establishes several new trial
[3510-16-P] DEPARTMENT OF COMMERCE Patent and Trademark Office 37 CFR Part 42 [Docket No.: PTO-P-2011-0094] Office Patent Trial Practice Guide AGENCY: United States Patent and Trademark Office, Commerce.
More informationCase 3:07-cv-01180-TEM Document 56 Filed 04/27/2009 Page 1 of 12 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION
Case 3:07-cv-01180-TEM Document 56 Filed 04/27/2009 Page 1 of 12 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION JAMES E. TOMLINSON and DARLENE TOMLINSON, his wife, v. Plaintiffs,
More informationDepartment of Commerce
Vol. 77 Tuesday, No. 157 August 14, 2012 Part V Department of Commerce Patent and Trademark Office 37 CFR Part 42 Office Patent Trial Practice Guide; Rule VerDate Mar2010 17:26 Aug 13, 2012 Jkt 226001
More informationS. ll. To deter abusive patent litigation by targeting the economic incentives that fuel frivolous lawsuits. IN THE SENATE OF THE UNITED STATES
ALB TH CONGRESS ST SESSION S. ll To deter abusive patent litigation by targeting the economic incentives that fuel frivolous lawsuits. IN THE SENATE OF THE UNITED STATES llllllllll Mr. HATCH introduced
More informationCOST AND FEE ALLOCATION IN CIVIL PROCEDURE
International Academy of Comparative Law 18th World Congress Washington D.C. July 21-31, 2010 Topic II.C.1 COST AND FEE ALLOCATION IN CIVIL PROCEDURE National Reporter - Slovenia: Nina Betetto Supreme
More informationJanuary 24, 2013. Via Federal Express. Los Angeles County v. Superior Court (Anderson-Barker) Supreme Court Case No. S207443
GMSR Greines, Martin, Stein & Richland LLP Law Offices 5900 Wilshire Boulevard, 12'' Floor Los Angeles, California 90036 (31 O) 859-7811 Fax (31 0) 276-5261 www.gmsr.com Writer's E-Mail: tcoates@gmsr.com
More informationAll About Motions To Dismiss
All About Motions To Dismiss Edna Sussman Motions to dismiss can be big winners or big losers. IT CAN BE one of the most satisfying experiences for a litigator. You pinpointed the fatal flaw in your opponent
More informationORDER ON DEFENDANTS' MOTIONS IN LIMINE. BEFORE THE COURT are Defendants Mitsubishi Heavy Industries, Ltd.'s and
NORTHERN DISTRICT OF TEXAS... FILED UNITED STATES DISTRICT COU NORTHERN DISTRICT OF TEXA DALLAS DIVISION GENERAL ELECTRIC COMPANY, Plaintiff, FEB 2 1 2012 CLERK, U.S. rustr1ct COURT By /n T. Deputy CIV.
More informationORDER APPROVING SETTLEMENT AND ORDER OF DISMISSAL WITH PREJUDICE
Case 3:07-cv-01886-JAG-SCC Document 473 Filed 06/10/13 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO SAMUEL HILDENBRAND, On Behalf of Himself and All Others Similarly
More informationDetermining Jurisdiction for Patent Law Malpractice Cases
Determining Jurisdiction for Patent Law Malpractice Cases This article originally appeared in The Legal Intelligencer on May 1, 2013 As an intellectual property attorney, the federal jurisdiction of patent-related
More informationREEXAMINATION PRACTICE WITH CONCURRENT DISTRICT COURT PATENT LITIGATION
REEXAMINATION PRACTICE WITH CONCURRENT DISTRICT COURT PATENT LITIGATION Robert Greene Sterne, Kenneth Bass III, Jon Wright & Matt Dowd Sterne Kessler Goldstein & Fox, Washington, DC Copyright 2007, The
More informationGLOSSARY OF SELECTED LEGAL TERMS
GLOSSARY OF SELECTED LEGAL TERMS Sources: US Courts : http://www.uscourts.gov/library/glossary.html New York State Unified Court System: http://www.nycourts.gov/lawlibraries/glossary.shtml Acquittal A
More informationSPECIAL CIVIL A GUIDE TO THE COURT
NEW JERSEY JUDICIARY SPECIAL CIVIL A GUIDE TO THE COURT Superior Court of New Jersey Law Division Special Civil Part Special Civil A Guide to the Court page 1 Special Civil is a court of limited jurisdiction
More information7.010 PLEAS, NEGOTIATIONS, DISCOVERY AND TRIAL DATES IN CRIMINAL CASES
CHAPTER 7 Case Management and Calendaring 7.010 PLEAS, NEGOTIATIONS, DISCOVERY AND TRIAL DATES IN CRIMINAL CASES (1) At the time of arraignment, the court may either accept a not guilty plea and set a
More informationWillful Infringement Under In re Seagate
Willful Infringement Under In re Seagate Robert A. Matthews, Jr. Latimer, Mayberry & Matthews Intellectual Property Law, llp (www.latimerip.com) The Annual IP Counsel Forum Mar. 25, 2008, San Jose, CA
More informationJUDICIAL BRANCH MEMORANDUM. Re: New Hampshire Superior Court Civil Rules Effective October 1, 2013
JUDICIAL BRANCH MEMORANDUM To: Attorneys; Legal Assistants; Litigants From: Patricia A. Lenz, Superior Court Administrator Julie W. Howard, Strafford Superior Court Clerk Date: Updated December 16, 2013
More informationCase: 1:12-cv-10064 Document #: 137 Filed: 07/29/14 Page 1 of 11 PageID #:1365
Case: 1:12-cv-10064 Document #: 137 Filed: 07/29/14 Page 1 of 11 PageID #:1365 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION IN RE CAPITAL ONE TELEPHONE CONSUMER
More information